In the contentious Ram Janam Bhoomi – Babri Masjid case which involves the ownership of the ‘disputed structure’ in Ayodhya [Uttar Pradesh], the Allahabad High Court [AHC] in 2010 had held that the dispute structure/site was actually the birth place of Lord Ram – the God widely worshipped by the Hindu community. A bunch of petitions were filed in the Supreme Court [SC] challenging the order. Since then, the matter has been pending in SC for close to a decade now. Prior to 2010, the issue had been lingering for over six decades involving judicial proceedings at various levels.
The protracted delay in resolution of the dispute has prompted Hindu organizations viz. Rashtriya Swayamsevak Sangh [RSS], Vishwa Hindu Parishad [VHP] pester the government – both at the centre and state – to explore alternative ways such as promulgating an ordinance or bringing a legislation to circumvent the judicial hurdle thereby paving the way for building a grand temple at the site.
The present government at the centre is led by BJP having got absolute majority in 2014 elections. Even the state government in UP where the disputed structure is located is led by this party [since 2017]. In view of this and RSS being the ideologue of BJP, it is only natural that the former is mounting pressure on the latter.
On its part, BJP has time and again reiterated its commitment to build a grand temple at the birth place of Lord Ram [albeit at the disputed site]. It had passed a resolution to this effect three decades ago in 1989 and since then, the promise figures in its manifesto for every general election. However, the manifesto does not mention any specific date as to when the temple will be built.
The 2019 general elections being a few months away, with every passing day, RSS/VHP and other Hindu organizations are losing patience and want Prime Minister, Modi to act fast. But, Modi’s hands are tied as the matter being sub-judice, even if he were to bring an ordinance, this will be struck down by the SC. It can’t pass a legislation either as BJP is in minority in the Rajya Sabha [RS] – the upper house of the parliament.
As head of the government, Modi is fully conscious of his responsibilities and won’t do anything that will jeopardize the judicial process and violate the constitution. During an interview given to a news agency ANI on the new year eve, he rejected the idea of bringing an ordinance as long as the matter is in the SC. But, that won’t satisfy the opposition parties who keep harping on the virtues of respecting the judicial process and not doing anything that undermines it. That tantamount to rubbing salt on the injury!
With a view to find a way forward even while remaining within the boundaries set by the constitution, on January 29, 2019, the government petitioned the apex court for releasing the non-disputed/superfluous area of 67.39 acres [in 2003, it had ordered that status quo be maintained on the entire land acquired in the early 90s including the non-disputed area] so that the temple construction could start. The opposition parties have even objected to this. They see opportunism and politics even in this fairly legitimate submission made before the SC.
Even as all sections – opponents and supporters of Modi alike – are putting the ruling dispensation in the dock for alleged non-deliverance/non-performance [when its hands are tied], none has the gumption to ask the apex court as to why it is delaying proceedings in the case. The irony is that the SC has not even started hearing the case. It has gone that far to even say that the subject matter is ‘not on its priority’. This is unconscionable.
When, the country’s highest court said that the Ram Janam Bhoomi – Babri Masjid case is ‘not on its priority’, it was not mere rhetoric. In fact, it was serious and has demonstrated convincingly via its actions – all bordering on engineering delay [whether it has been done on being prompted by Congress which is not interested in a solution purely for political reasons is a matter of speculation]. In this regard, it is worth noting some of its recent actions.
Early last year, when the stakeholders were anxiously looking forward to commencement of hearing, the then Chief Justice of India [CJI], Dipak Mishra disappointed them by announcing that a constitution bench will take up the matter in October 2018. In September, 2018, the present CJI, Ranjan Gogoi deferred it to January 10, 2019.
In the first week of January 2019, the CJI announced constitution of a five member bench. On January 10, 2019 when the said bench met, the advocate appearing for Babri Masjid Action Committee [BMAC] raised an objection on a judge [citing that way back in 1997, he was the advocate for Kalyan Singh then CM, UP at the time of Babri Masjid demolition in 1992]. Following this, the concerned judge decided to recuse. The CJI lost no time in deferring to January 29, 2019.
Meanwhile, the CJI constituted a new bench thereby rekindling hope. But, this again turned in to a big disappointment as even before the scheduled meeting on January 29, 2019, came an announcement that the bench won’t be able to meet due to the non-availability of a judge [no reason was given as to why the judge won’t be available]. When, this will happen next?
From the above, it is abundantly clear that the SC which had acted with alacrity in other matters [hearing cases in the mid-night or over the weekends], in the instant case, does not even bother to stick to the time frame set by itself – forget timely/un-interrupted hearing and ensuring its expeditious disposal. As things stand, the fate of Ram Janam Bhoomi – Babri Masjid case hangs in balance.
Even as Modi has left no stone unturned in adhering to constitutional propriety and upholding the dignity of his office, ironically the apex court has not covered itself with glory.